The case was brought by Anne Mitchell, the widow of James Mitchell, who was killed by a violent neighbour. Mrs Mitchell sued Glasgow City Council for failing in its duty of care towards Mr Mitchell. Mr Mitchell moved into a property on the Moss Park estate of Glasgow in March 1986. His neighbour was Mr Drummond.. LORD RODGER OF EARLSFERRY. My Lords, 47. In this action the widow and daughter of Mr James Mitchell, who lived in a council house at 221 Bellahouston Drive in the Mosspark area of Glasgow, seek damages from Glasgow District Council (“the Council”) for the death of Mr Mitchell.
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The defenders contended that imposing a duty of care on a local authority landlord would impede their statutory functions under the 1987 Act, citing Hussain v Lancaster City Council. The pursuers argued for a duty of care based on nuisance in Scots law and distinguished previous cases such as Smith v Scott and Hussain v Lancaster City Council.. Abstract. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Mitchell and another v Glasgow City Council [2009] UKHL 11. The document also included supporting commentary from author Craig Purshouse.
